Complaint #201903591,
April 27, 2019

Officer: Erbetta, Robert
Complainant: Hispanic Male, 34
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Formalized Training)
Officer: Peralta, Howard
Complainant: Hispanic Male, 34
Allegation: Abuse of Authority: Forcible Removal to Hospital
CCRB Investigator Recommendation: Unsubstantiated
CCRB Board Conclusion: Substantiated (Formalized Training)
Officer: Erbetta, Robert
Complainant: Hispanic Male, 34
Allegation: Offensive Language: Disability
CCRB Conclusion: Substantiated (Formalized Training)
Officer: Erbetta, Robert
Complainant: Hispanic Male, 34
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer: Peralta, Howard
Complainant: Hispanic Male, 34
Allegation: Abuse of Authority: Frisk
CCRB Conclusion: Exonerated
Officer Complainant Allegation CCRB Board Conclusion
Erbetta, Robert Hispanic Male, 34 Abuse of Authority: Forcible Removal to Hospital Substantiated (Formalized Training)
CCRB Investigator Recommendation: Unsubstantiated
Peralta, Howard Hispanic Male, 34 Abuse of Authority: Forcible Removal to Hospital Substantiated (Formalized Training)
CCRB Investigator Recommendation: Unsubstantiated
Erbetta, Robert Hispanic Male, 34 Offensive Language: Disability Substantiated (Formalized Training)
Erbetta, Robert Hispanic Male, 34 Abuse of Authority: Frisk Exonerated
Peralta, Howard Hispanic Male, 34 Abuse of Authority: Frisk Exonerated

Conclusion Meanings:

'Exonerated': or 'Within NYPD Guidelines' - The conduct occurred but did not violate the NYPD's own rules, which often give officers significant discretion.
'Substantiated': The misconduct occurred and it violated the rules. The NYPD has discretion over what, if any, discipline is imposed.

Further details on conclusions.


Penalties

Peralta, Howard
Formalized Training

Erbetta, Robert
Formalized Training

Summary

At approximately 7:45 p.m. on April 27, 2019, Romeo Brown was with his wife, [redacted] and his two dogs at the intersection of Wadsworth Avenue and West 181st Street in Manhattan. [redacted] observed Police Officer Robert Erbetta and Police Officer Howard Peralta of the 34th Precinct in an NYPD vehicle driving in the direction of West 181st Street and St. Nicholas Avenue in Manhattan, a block away. [redacted] followed the police vehicle, still holding one of his dogs on its leash, and caught up with the police vehicle at the intersection of West 181st Street and St. Nicholas Avenue. [redacted] yelled at the NYPD vehicle. Police Officer Erbetta and Police Officer Howard Peralta exited the vehicle and walked towards him. Police Officer Erbetta immediately grabbed [redacted] pushed him against a wall, and placed handcuffs on him. Police Officer Erbetta and Police Officer Howard Peralta determined that [redacted] was an emotionally disturbed person, and called for an ambulance to transport him to the hospital (Allegation A: Abuse of Authority – Forcible removal to Hospital, [redacted]) (Allegation B: Abuse of Authority – Forcible removal to Hospital, [redacted]). While handcuffing [redacted] Police Officer Erbetta stated to [redacted] that he was behaving "like a psycho" (Allegation C: Offensive language – Physical disability, [redacted]). Police Officer Erbetta and Police Officer Howard Peralta then frisked [redacted] (Allegation D: Abuse of Authority – Frisk, [redacted]) (Allegation E: Abuse of Authority – Frisk, [redacted]). [redacted] was transported by ambulance to [redacted]. [redacted] was not arrested or summonsed.
[redacted] wife, [redacted] recorded cell phone footage of this incident. It is stored in IA # 59 (Board Review 01) and is summarized in IA # 88 (Board Review 02). Read report for details.


Details

Incident: April 27, 2019
Received: April 29, 2019
Closed: June 4, 2020

Reason for contact: Other
Location: Street/highway
In NYPD 34th Precinct Manhattan
Outcome: No arrest made or summons issued

Witness Officers: Kenneth Armstrong, Mayobanex Peralta, Douglas Perez, Edwin Rodriguez, Michael Virella
Body-Worn Camera evidence collected
Video evidence collected